2.

AIR QUALITY MANAGEMENT AND CLIMATE CHANGE

South Africa has seen various legislative reform and policy developments towards
ensuring that the countrys obligations in respect of air quality management and
international agreements on climate change are met.
2.1.1. NATIONAL LEGISLATIVE
MANAGEMENT

AND

POLICY

DEVELOPMENTS:

AIR

QUALITY

The rapid development of heavy industry in South Africa during the 1950s to 1960s
resulted in a rapid increase in atmospheric emissions and air pollution, with a
concomitant reduction of ambient air quality in the urban and industrial areas of the
country. During this time, air quality management in South Africa was informed and
regulated by the Atmospheric Pollution Prevention Act (Act No, 45 of 1965; APPA), which
followed a traditional command and control approach with respect to emissions
permitting for industries, where identified as significant sources of air pollution. However,
by the 1990s it became clear that a more modern approach to air quality regulation was
required.
A new dawn in air quality management witnessed the development of a draft Air Quality
Bill, which was initiated during 2001, and the subsequent promulgation of the National
Environmental Management: Air Quality Act (Act No. 39 of 2004; NEM: AQA), which is a
Specific Environmental Management Act (SEMA), on 24 February 2005 under the National
Environmental Management Act (Act No. 107 of 1998; NEMA). This was followed by the
publication of Government Gazette Notice No. R 898, dated 09 September 2005, in which
the Minister, in terms of section 64(1), read with section 64(2), declared that the NEM:
AQA will become effective on 11 September 2005.
The promulgation of the NEM: AQA marked a turning point in the approach to air pollution
control and governance in South Africa. The focus shifted from source control to the
management of air pollutant levels in the ambient environment. The philosophy of air
quality management as it stands today was introduced and is in line with international
policy developments and the environmental right, viz. Section 24 of the Constitution (Act
No. 108 of 1996; RSA, 1996). The NEM: AQA defined air quality that is not harmful to
health and well-being through the promulgation of the National Ambient Air Quality
Standards (DEA, 2009) and provides the regulatory tools and mandates for government
to deliver the desired outcome.
At the time, the APPA was not repealed as sections 21, 22, 36 to 49, 51(1)(e), 51(1)(f),
51(3), 60 and 61 of the NEM: AQA had not commenced; it was therefore declared a SEMA
on 11 September 2009. The APPA was repealed in its entirety on 31 March 2010 due to a
4

delay in commencement of sections 21, 22, 36 to 49, 51(1)(e), 51(1)(f), 51(3), 60 and 61
of the NEM: AQA,; with the full implementation of NEM: AQA on 01 April 2010
(Government Notice No. 33041). Probably the most significant shift from APPA is that
Provinces, as well as District and Metropolitan Municipalities became Licensing
Authorities for Section 21 Listed Activities. As such, the function of atmospheric emission
licensing was devolved from the National DEA to the Provinces and Municipalities. Further
amendments to the NEM: AQA on 19 May 2014 (Government Notice No. 37666) made
provision for the National Minister of Environmental Affairs to become a Licensing
Authority for certain activities, in terms of Section 36(5) and related.
In terms of Section 7 of the NEM: AQA, the National Department of Environmental Affairs
developed the National Framework for Air Quality Management (the Framework) in order
to ensure the efficient and effective implementation of the NEM: AQA throughout the
country. Following a review of the 2007 Framework, implementation of the 2012
Framework commenced on 29 November 2013 (DEA, 2013). The Framework provides
norms and standards for all technical aspects of air quality management in South Africa.
Table 2-1 provides a list of the regulations and / or guidelines gazetted under the NEM:
AQA, to date.
TABLE 2-1. REGULATIONS PROMULGATED IN TERMS OF NEM: AQA DURING 2009
2016
LEGISLATION
COMMENCEMENT DATE
National Ambient Air Quality Standards
List of Activities which Result in
Atmospheric Emissions which have or may
have a Significant Detrimental Effect on the
Environment, including Health, Social
Conditions, Economic Conditions, Ecological
Conditions or Cultural Heritage
National Ambient Air Quality Standard for
Particulate Matter with Aerodynamic
Diameter less than 2.5 micron metres
(PM2.5)
National Dust Control Regulations
Declaration of a small boiler as a controlled
emitter and establishment of emission
standards
Regulations Prescribing the Format of the
Atmospheric Impact Report
National Atmospheric Emission Reporting
Regulations
Amendments to the List of Activities which
Result in Atmospheric Emissions which have
or may have a Significant Detrimental Effect
on the Environment, including Health,
Social Conditions, Economic Conditions,
Ecological Conditions or Cultural Heritage
Declaration of Small-scale Char And Small-

24 December 2009 (GN. 1210 of Gazette No.

32816)
01 April 2010 (GN 248 of Gazette No. 33064)

29 June 2012 (GN 486 of Gazette No. 35463)

01 November 2013 (GN 827 of Gazette No.

36974)
01 November 2013 (GN 831 of Gazette No.
36973)
02 April 2015 (GN 747, as amended by GNR
284)
02 April 2015(GN 283)
12 June 2015 (GN 551 of Gazette 38863)

18 September 2015 (GN. 602 of Gazette No.

5

scale Charcoal Plants as Controlled Emitters

and Establishment of Emission Standards
Regulations Prescribing the Atmospheric
Emission Licence Processing Fee
Regulations for the Procedure and Criteria
to be followed in the Determination of an
Administrative Fine in terms of section 22a
of the Act
Air Quality Offsets Guideline

39220)
11 March 2016
(GN. 250 of Gazette No. 39805)
18 March 2016 (GN. 332 of Gazette 39833)

18 March 2016 (GN. 333 of Gazette No.

39833)

2.1.2. NATIONAL LEGISLATIVE AND POLICY DEVELOPMENTS: LINKAGES WITH

CLIMATE CHANGE
More recently, the DEA has published draft regulations in terms of the NEM: AQA that
directly addresses both the management of air quality and climate change matters. Table
2-2 provides a list of the regulations gazetted, in respect of air quality management and
climate change. The National DEA is also in the process of developing a National GHG
Inventory System, which will ensure that data related to climate change is managed in a
consistent, transparent and accurate manner for both internal and external reporting.
As with all new legislation and policies, the next few years will see air quality
management developing from an adolescent into an adult, with strict compliance
and enforcement required to ensure that air quality is managed effectively and efficiently
in the country.
TABLE 2-2. REGULATORY DEVELOPMENTS IN RESPECT OF CLIMATE CHANGE AND
AIR QUALITY MANAGEMENT, PUBLISHED FOR COMMENT IN TERMS OF THE NEM:
AQA
LEGISLATION
DATE PUBLISHED FOR
COMMENT
National Pollution Prevention Plans Regulations
Declaration of Greenhouse Gases as Priority Air
Pollutants
Draft National Greenhouse Gas Emission
Reporting Regulations

08 January 2016
(GN. 5 of Gazette No. 39578)
08 January 2016
(GN. 6 of Gazette No. 39578)
07 June 2016
(GN. 336 of Gazette No. 40054)

The National Climate Change Response White Paper requires the management of any
response measures generated by our action, as well as being able to respond to the
response measures of other countries that have negative consequences for our country
(DEA, 2011).

In terms of air quality, it provides that South Africa will integrate climate

change considerations into health sector plans to;

reduce the incidence of respiratory diseases and improve air quality through
reducing ambient PM, O3 and SO2 concentrations by legislative and other
measures to ensure full compliance with the National Ambient Air Quality
6

Standards by 2020. In this regard, the use of legislative and other measures that
also have the co-benefit of reducing GHG emissions will be prioritised. Progress on
this will be published on the South African Air Quality Information System
(SAAQIS).
All spheres of government need to respond to climate change, and therefore also
indirectly manage air quality. The following regulatory reform and policy development at
both national and provincial levels contribute towards South Africa meeting its emission
reduction obligations under the Kyoto Protocol and the Paris Agreement. A number of
policy and legislative instruments have also been developed as it relates to emission
limits and tax incentives to reduce carbon emissions. Table 2-3 provides a summary of
the legislative and policy developments in South Africa to formally address climate
change, and thereby also indirectly the management of air quality in the country.
TABLE 2-3. LEGISLATIVE AND POLICY DEVELOPMENTS TO ADDRESS CLIMATE
CHANGE
LEGISLATION

DATE PUBLISHED FOR COMMENT /

COMMENCEMENT

National Climate Change Response White

Paper
Draft Carbon Tax Bill
Draft Regulations on the Carbon Offset

19 October 2011
02 November 2015
20 June 2016

Aside from the above, the National departments have developed the following
instruments to further address climate change, and therefore also air quality:
DESIRED EMISSION REDUCTION OUTCOMES
The DEA has developed the Desired Emission Reduction Outcomes (DEROs), which are
referenced in the National Climate Change Response White Paper (DEA, 2011) as one of
the key elements for the implementation of South Africas long-term climate mitigation
goal. The DEROs are defined for the short, medium and long term, on a five-year cycle,
allowing for flexibility in the development of the overall mitigation system, national and
sectoral policy, and the incorporation of updated information on emissions, technology
opportunities and costs and other relevant information.
The DEROs are intended for the implementation of policies and measures intended to
meet South Africas long-term climate mitigation goals and serves a roadmap to a lowcarbon future. As the DEA has recently initiated the development of a comprehensive

GHG mitigation system, inclusive of a carbon budget system, the DEROs will be
developed in phases.
INTEGRATED RESOURCE PLAN
The National DEA very recently gazetted the following notice to address its international
commitments made in terms of the UNFCCC:
Identification of the Minister as Competent Authority for the Consideration and
Processing of Environmental Authorisations and Amendments thereto for Activities
related to the Integrated Resource Plan (GN. 779 of Gazette No. 40110), with a
commencement date of 01 July 2016.
The Integrated Resource Plan 2010 2030 for South Africa (IRP 2010 2030)
promulgated in 2011 by the Department of Energy, laid out the proposed generation new
build fleet for South Africa for the period 2010 2030 (DoE, 2011). The IRP 2010 2030
made provision for a Revised Balanced Scenario, which included the following: Nuclear
Fleet (9.6 GW); Coal (6.3 GW); Renewables (11.4 GW); and other Energy Generation
Sources (11.0 GW).
The IRP2010-2013 is currently being updated, following which it will be presented to the
Energy Portfolio Committee.
GREEN ECONOMY
The legislative reform and policy developments in respect of air quality and climate
change contributes to the Green Economy, which refers to two interlinked developmental
outcomes for the South African economy:
Growing economic activity (which leads to investment, jobs and competitiveness)
in the green industry sector; and
A shift in the economy as a whole towards cleaner industries and sectors with a
low environmental impact compared to its socio-economic impact.
It is envisaged that the Green Economy will be able to create green jobs, ensure
real sustainable economic growth and prevent environmental pollution, global warming,
resource

depletion

and environmental

degradation.

It

is

growing

economic

development model based on the knowledge that aims to address the interdependence
of economic growth and natural ecosystems and the adverse impact economic activities
can have on the environment.

2.1.3. PROVINCIAL POLICY DEVELOPMENTS

Climate change has been identified as a policy priority of the Western Cape Government.
As such, the following policy developments and initiatives have been implemented to
address climate change, and therefore indirectly contributes to managing air quality in
the Province. A summary of the policy developments and initiatives that have been
developed in the Western Cape is provided below.
2014 WESTERN CAPE CLIMATE CHANGE RESPONSE STRATEGY
The Western Cape Climate Change Response Strategy was approved and adopted by the
Western Cape Government in 2014. The Strategy provides a coordinated response to
climate change and aims to guide the implementation of innovative projects that
combined a low carbon development trajectory with increased climate resilience,
enhancement of ecosystems and the services they provide, as well as economic stability
and growth.
The Strategy will be updated in 2017/18 and this update will include a review of the focus
areas, as well as the priority programmes.
2014 WESTERN CAPE CLIMATE CHANGE RESPONSE IMPLEMENTATION
FRAMEWORK
The Western Cape Climate Change Response Implementation Framework was published
in August 2014. The Framework outlines each focus area in order to identify impact
potential or benefit for priority programmes and to discuss the opportunities for and
barriers to the implementation of priority programmes, as identified in the Western Cape
Climate Change Response Strategy. The impact potential or benefits were used to finalise
a set of indicators that could be used to contribute to the national Climate Change
Monitoring and Evaluation Report, which is scheduled for publication in 2017/2018.
2.2. ALIGNMENT OF AIR QUALITY MANAGEMENT AND CLIMATE CHANGE WITH
OTHER EXISTING NATIONAL AND PROVINCIAL PLANS AND STRATEGIES
Applicable existing plans and strategies exist at the National and Provincial levels. A
synopsis is provided below in respect of the key matters of relevance to air quality
management and climate change in the Province.

2.2.1. NATIONAL MATTERS

GENERATION AQMP

OF

RELEVANCE

TO

THE

WESTERN

CAPE

2 nd

2030 NATIONAL DEVELOPMENT

PLAN

20 year Plan

Objectives and actions

o Economy and employment
o Economic Infrastructure
o Environmental sustainability and resilience
o An integrated and inclusive rural economy
o Positioning South Africa in the region and the world
o Building a capable and developmental state
o National building and social cohesion
o Improving education, training and innovation
o Social protection

2020 NEW GROWTH PATH

10 year Plan

Job Drivers
o Infrastructure
o Spatial Development
o Main economic sectors
o Seizing the potential of new economies
o Investing in social capital and public services
Job Sector
o Green Economy

OUTCOME 10 DELIVERY AGREEMENT

5 year Plan

Environmental assets and natural resources that are valued, protected

and continually enhanced.
Sub-outcome: An effective climate change mitigation and adaptation
response
o Main outputs and measures: Green Transport and Implementation Plan;
Thematic areas in implementing environmental fiscal reform policy
instruments; Renewable power generation (to incorporate off-grid energy);
Energy efficient improvement; Sector adaptation strategies and plans;
Functional climate change research network formalised; Biennial report on
State of Climate Change Science and Technology; National framework for
climate services; Framework for reporting on greenhouse emissions by
industry; Biennial calorific value for fuel carriers; Annual energy balances to
support GHG inventory.
Sub-outcome: Enhanced governance systems and capacity
o Main outputs and measures: Compliance inspections; Enforcement actions
undertaken for non-compliance; Compliance with National Ambient Air Quality
Standards; Atmospheric Emission Licenses issued; Atmospheric Emission
Licenses reporting to the NAEIS.
Sub-outcome: Sustainable Human Communities
o Renewable energy deployed off-grid; solar home systems (PV) installed;
Reduced total emissions of CO2; Reduced vulnerability and risks associated
with climate change impacts.

10

MEDIUM TERM STRATEGIC

FRAMEWORK

5 year Plan

5 year definition of strategic objectives and mandate of government

Relevant Objectives
o Ensure more equitable distribution of benefits of economic growth and reduce
inequality
o Halve poverty and unemployment by 2014
Relevant Priority Areas
o Cohesive and sustainable communities
o Sustainable resource management and use
o Rurul development, food security and land reform
o Economic and social infrastructure
2.2.2. PROVINCIAL MATTERS OF RELEVANCE TO THE WESTERN CAPE 2 ND
GENERATION AQMP
ONE CAPE 2040

30 year Plan

5 year definition of strategic objectives and mandate of government

Relevant Priority Actions
o Transition from a clean economy is paramount
o Safe and efficient public transport and embracing non-motorised transport
o Energy security from renewable sources
o Enhance municipal service delivery in poor areas

WESTERN CAPE PROVINCIAL

STRATEGIC PLAN 2014 2019

5 year Plan

Provincial Strategic Goals

o Create opportunities for growth and jobs
o Improve education outcomes and opportunities for youth development
o Increase wellness, safety and tackle social ills
o Enable a resilient, sustainable, quality and inclusive living environment
o Embed good governance and integrated service delivery through partnerships
and spatial alignment
Relevant Departmental Working Groups
o Climate Change Response

2013 WESTERN CAPE STATE OF THE

ENVIRONMENT OUTLOOK REPORT

5 year Plan

Priorities for Green Growth

o Natural gas and renewables
o Green jobs
o Financial infrastructure (attract capital and investment into green innovation)
Green Drivers
o Smart living and working
11

o Smart mobility
o Smart eco-systems
o Smart agri-production
o Smart enterprise
Actions
o Promote innovation
o Create an enabling environment
o Grow / develop the market

2013 WESTERN CAPE GREEN

ECONOMY STRATEGY FRAMEWORK

5 year Plan

Strategic Priorities
o Green built environment infrastructure services, human settlement
o Actively strengthen ecological goods and services to enhance resilience and
limit impact on the poor
o Enhance systems for integrated planning and implementation incorporating
biodiversity and ecosystem vulnerability
o Good governance environmental monitoring, waste management, integrated
planning

2014 WESTERN CAPE PROVINCIAL

SPATIAL DEVELOPMENT
FRAMEWORK

5 year Plan

Relevant Spatial Goals

o Better protection of spatial assets and strengthen resilience of natural and
built environments
o Improved effectiveness in the governance of its urban and rural areas
Spatial Vision
o Green Cape
o Living Cape
o Leading Cape
o Educating Cape
o Working Cape
o Connecting Cape
Spatial Framework and Themes
o Sustainable use of the Western Capes spatial assets
o Opening up opportunities in the provincial space-economy
o Developing integrated and sustainable settlements

12

2.2.3. LOCAL MATTERS OF RELEVANCE TO THE WESTERN CAPE 2 ND GENERATION

AQMP
CITY OF CAPE TOWN AQMP

5 year Plan

Vision
o To be the city with the cleanest air in Africa.
Mission
o To reduce the adverse health effects of poor air quality on the citizens of Cape
Town especially during brown haze episodes.

CAPE WINELANDS DISTRICT AQMP

5 year Plan

Vision
o To be a district within which the constitutional right of all inhabitants to clean
and health air is maintained in a sustainable manner without compromising
economic and social development for the benefit of present and future
generations.
Mission
o To implement sustainable air quality management practices throughout the
district to progressively achieve air quality goals.

CENTRAL KAROO DISTRICT AQMP

5 year Plan

Vision
o To maintain air quality to such a standard that economic and social
development will flourish without jeopardizing the environment.
Mission
o To minimise the impact of air pollutant emissions on the population and the
natural environment of the Central Karoo District and to promote the use of
renewable energy sources such as wind, sun and water in order to support
global initiatives to prevent ozone depletion and global warming.

OVERBERG DISTRICT AQMP

5 year Plan

Vision
o To be a district where the constitutional right of all human beings to clean air
is maintained to such a standard where economic and social development will
flourish without jeopardizing the environment.
Mission
o To ensure effective and maintain implementation of sustainable air quality
management practices throughout the Overberg district to progressively
achieve air quality goals minimise the impact of air pollutant emissions on the
population and the natural environment of the Overberg municipal district.

EDEN DISTRICT AQMP

5 year Plan
13

Vision
o To have air quality worthy of the names Eden and the Garden Route
Mission
o To minimise the impact of air pollutant emissions on the population and the
natural environment of the Eden municipal district.

WEST COAST DISTRICT AQMP

5 year Plan

Vision
o Attainment and maintenance of good air quality for the benefit of all
inhabitants and natural environmental ecosystems within the West Coast
District Municipality.
Mission
o To ensure the maintenance of good quality air through proactive and effective
management principles that take into account the need for sustainable
development into the future.
o To work in partnership with communities and stakeholders to ensure the air is
healthy to breathe and is not detrimental to the well-being of persons in the
District.
o To ensure that future developments (transportation, housing etc.) incorporate
strategies to minimise air quality impacts.
o To reduce the potential for damage to sensitive natural environmental
systems from air pollution, both in the short and long-term.
o To facilitate intergovernmental communication at the Local, Provincial and
National levels in order to ensure effective air quality management and
control in the WCDM.
It is clear that air quality and climate change are integrally linked. With the everincreasing linkages between the two arenas, it is evident that key role players remain in
communication. A need for clear and precise policy and legislative guidance is essential
to the implementation of strategies toward climate change mitigation, which will
inevitably determine the effectiveness of strategies inaugurated. Further, informed
decision-making is fundamental to good governance and is critical towards continuous
improvements in climate change and air quality management, as well as streamlining of
legislation.
Continued efforts to reduce air pollutant and GHG emissions are essential, as these likely
pose serious risks to both human health and the environment. Moreover, air pollution and
climate change influence each other through complex interactions in the atmosphere.
Increasing levels of GHGs alter the energy balance between the atmosphere and the
Earths surface which, in turn, can lead to temperature changes that alter the chemical
composition of the atmosphere (Law, 2010). Direct emissions of air pollutants (e.g. black
carbon) or those formed from emissions such as sulphate and ozone can also influence
this energy balance. Thus, climate change and air quality management have significant
consequences for each other. The implementation of legislation and policies relating to

14

the management of air quality and climate change can provide mutual benefits that
contribute towards maintaining good, clean air, while also reducing global warming.

15